Minutes: 29 September 2021

1. Decision on taking business in private:

The Committee agreed to take item 6 in private.

2. Legal aid:

The Committee took evidence in a round-table discussion from—

Gillian Fyfe, Strategic Lead, Strong Communities, Citizens Advice Scotland;

Ian Moir, Legal Aid Convenor, Law Society of Scotland;

Colin Lancaster, Chief Executive, Scottish Legal Aid Board;

Julia McPartlin, President, Scottish Solicitors Bar Association;

Professor Alan Paterson, Professor of Law, University of Strathclyde;

Tony Lenehen, President of Scottish Criminal Bar Association, Faculty of Advocates;

David Fraser, Executive Director Court Operations, Scottish Courts and Tribunals Service;

Dr Marsha Scott, Chief Executive, Scottish Women's Aid.

3. Subordinate legislation:

The Committee took evidence on the Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 from—

Keith Brown, Cabinet Secretary for Justice and Veterans, Scottish Government;

Tom Fox, Head of Corporate Affairs, Scottish Prison Service;

Jamie MacQueen, Scottish Government Legal Directorate.

4. Subordinate legislation:

The Committee considered the following negative instrument—

Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment (No. 2) Rules 2021 (SSI 2021/289)

The Committee noted the instrument and agreed to make no recommendations. However, members expressed concerns regarding the lack of publication of responses to the Scottish Prison Service's consultation, the limited options available to the Committee as the current SSI expires on 30 September 2021, and the length of time the instrument will be in force for. The Committee agreed to write to the Cabinet Secretary for Justice and Veterans, the Scottish Prison Service and HM Inspectorate of Prisons for Scotland, to keep this issue under review and invite the Cabinet Secretary to a future Committee meeting should this be necessary, for example in the event of additional concerns being raised in the consultation responses or changes to COVID restrictions.

5. Post-legislative scrutiny - Control of Dogs (Scotland) Act 2010:

The Committee considered correspondence received from the Public Audit Committee on post-legislative scrutiny of control of dogs legislation. The Committee agreed to write to the Scottish Government to ask for an update on its legislative plans and whether it intends to take forward any of the recommendations from the session 5 Public Audit and Post-Legislative Scrutiny Committee that fall within the criminal justice remit. The Committee agreed to inform the Public Audit Committee of this course of action.

6. Legal aid (in private):

The Committee considered the evidence it heard earlier in the meeting.